Senate Moves to Place Election Proof Burden on INEC

The Nigerian Senate on Wednesday passed for second reading a bill seeking to repeal the Electoral Act 2022 and enact a new Electoral Act 2025, with a key proposal to shift the burden of proof in election petitions from the petitioners to the Independent National Electoral Commission (INEC) — the body responsible for conducting and supervising elections.

Under the current legal framework, the petitioner who challenges an election result bears the primary burden of proof, in line with the Evidence Act, which stipulates that “he who asserts must prove.” However, several senators argued that this principle places an unfair disadvantage on litigants and allows electoral irregularities to go unchecked.

During debate on the general principles of the bill, Senator Seriake Dickson (PDP–Bayelsa West) led the call for reform, insisting that the onus of proof should rest on INEC to ensure transparency and accountability in electoral processes.

“If there is one major legacy this 10th Senate must achieve under your leadership, it should be meaningful electoral reform,” Dickson said.
“We must modernize the system, empower INEC to deploy advanced technology, and back it with adequate funding. The current rule — where the challenger must prove irregularities — undermines fairness. INEC conducts elections, appoints ad-hoc officials, collates, and announces results; therefore, it should carry the burden of proving that elections were conducted lawfully.”

The President of the Senate, Godswill Akpabio, supported Dickson’s position, describing the proposed reform as a critical step toward strengthening electoral integrity.

“I agree with Senator Dickson and other senators who have called for shifting the burden of proof in electoral litigation to INEC,” Akpabio said.
“As the organizer and supervisor of elections, INEC must be held accountable for the conduct, logistics, and credibility of every election.”

Beyond the issue of proof, the debate also covered party primaries, defections, and internal democracy.

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Senator Abdul Ningi (PDP–Bauchi Central) proposed that all elected political office holders be recognized as eligible delegates in their parties’ primaries, arguing that it would deepen inclusion and participation.

On his part, Senator Muntari Dandutse (APC–Katsina South) urged the Senate to include a strict anti-defection clause in the new Act, recommending that any elected official who defects from the party that sponsored them should automatically lose their position.

“This measure will help stabilize Nigeria’s multi-party system and restore political credibility in the eyes of the international community,” Dandutse said.

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The Electoral Act 2025 Bill will now proceed to the committee stage for further legislative scrutiny before being presented for third reading and possible passage.